Reader Questions - Dogs

Dear Mr. Richardson,

I was reading Civil Code 4715. That says associations can no longer prohibit owners from having a pet (defined as any domesticated bird, cat, or dog). My HOA still prohibits us from having a dog over 20 pounds. My father had a German Shepherd which was a companion dog (he had a letter from the doctor stating that). The HOA fined us and made us get rid of the dog. Just want to know if they could do that. Thank you for taking your time and reading this.

F.P., Canoga Park

Dear F.P.,

Section 4715 seems pretty clear – a homeowner has the right to have one “pet,” and “pet” means ANY dog, so I doubt a size or weight ban on dogs would hold up in court. The problem with dogs is not size, but behavior. Small dogs can be just as much a nuisance as a large dog. However, if your father had a companion animal, the HOA should have allowed that dog (assuming that was his only dog). That may have been a Fair Housing violation, as keeping the dog would have been an accommodation of his disability.

Thanks,
Kelly

Mr. Richardson,

After many years with a “no pets” restriction, our rules were amended to allow pets but with restrictions. One restriction prohibits dogs walking on the common area streets, and requires homeowners to carry pets off the property. Our homes are built on small parcels with no sidewalks or parkways.

Our HOA is changing our rules to allow dogs to be walked on our streets, relying on a legal opinion indicating the restriction would be “unreasonable” and not enforceable. Is our restriction reasonable?

R.W., Westhills

Dear R.W.,

Associations have wide latitude in what can be the subject of a rule, but the legal issue here may not be as important as the community issue. Forcing people to carry their dogs from their front door to the edge of the association property, what does that help? I assume that the problem is dog noise or messes in the common area. That is the problem to be regulated, rather than banning dogs in the common area. Keep the dogs on leash, and make the owners responsible for noise, droppings and menacing behavior.

Best regards,
Kelly

Hi Kelly,
Our rules require dogs be on leash at all times. However, two board members let their dogs off leash around their condos. How can this be handled without totally burning our bridges once we report this to the association? When I see things like this, it makes me think who cares about any of our rules.
Thanks,

T.W., Placentia

Dear T.W,

Board members should obey the association rules and use restrictions. They should receive no special privilege – that destroys the community’s trust in them.

I often include in bylaws a provision disqualifying a director if they are delinquent in assessments or have unpaid fines. I understand that your point here is that nobody is forcing them to comply. Under Civil Code 5975(b), only the association can enforce rule violations by a homeowner.

Bluntly, if directors will not follow the rules, there are two obvious choices: Change the rule or change the board. If nobody speaks up about rule violations, they will continue.

Thanks for your question,
Kelly

Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.